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HomeMy WebLinkAboutZ-8451 Staff AnalysisMay 28, 2009 ITEM NO.: 6 FILE NO.: Z-8451 NAME: Breeding Multisectional Manufactured Homes — Conditional Use Permit LOCATION: North of 10716 Garrison Road and South of 10922 Garrison Road OWNER/APPLICANT: Ken Breeding, Todd Breeding, Matt Breeding PROPOSAL: A conditional use permit is requested to allow placement of a multisectional manufactured home on each of these two, R-2 zoned lots. 1. SITE LOCATION: The site is located on the north side of Garrison Road, at Ridgefield Lane. The property is located outside of the city limits, within the City's extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a rural area that is characterized primarily by single family homes on larger lots or acreage tracts. The style of homes varies, ranging from small frame structures to large brick and frame structures. There are homes immediately in this vicinity that are of a similar style; one story, moderately pitched roofs and siding. There is one home to the northeast that appears to be virtually identical to the homes proposed by the applicant. The lots proposed for placement of the homes are each approximately '/z acre in size. The City of Little Rock owns approximately 600 acres located slightly to the south of this site, which are proposed for development as a City Park. The proposed homes do not appear to be out of character with development in the area. Notice of the public hearing was sent to owners of all properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Coalition of West Little Rock neighborhoods. 3. ON SITE DRIVES AND PARKING: The home to be located south of 10922 Garrison Road will utilize an existing driveway. The home to be located behind 10716 Garrison Road will have a new driveway off of Garrison Road. The driveway will be built across a relative's lot. An access easement for the driveway will be recorded prior to placement of the new home. May 28, 2009 ITEM NO.: 6 (Cont. 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6. UTILITY. FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No comments received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. FILE NO.: Z-8451 Water: Central Arkansas Water does not serve this area. Fire Department: West Pulaski Fire Protection District No. 23 responded approved as submitted. County Planning: Approved as submitted. CATA: Outside of service area. SUBDIVISION COMMITTEE COMMENT: (APRIL 23, 2009) Ken Breeding was present, representing the application. Staff briefly described the proposed conditional use permit. Staff noted that some additional information was needed with respect to the proposed manufactured homes (exterior finish, roof pitch, porches, etc.). Staff also noted that a letter would be required from the local volunteer fire department. Mr. Breeding indicated that the information would be provided to staff. Staff explained that no bill of assurance was found for the subdivision. Commissioner Yates asked if Mr. Breeding's surveyor had checked for a recorded bill of assurance or other documents. Mr. Breeding stated that he had and found none. Commissioner Yates suggested that Mr. Breeding go to an abstract company and obtain a statement to that effect. May 28, 2009 ITEM NO.: 6 [Cont. FILE NO.: Z-8451 Commissioner Fertsl asked if there were other manufactured homes in the area. Mr. Breeding indicated that there were many. There was a brief discussion relating to the difference between mobile, manufactured and modular homes. After the discussion, the Commissioner forwarded the issue to the full Commission for final action. STAFF ANALYSIS: The applicants are requesting approval of a conditional use permit to allow placement of a multisectional manufactured home on each of the two, R-2 zoned lots located north of 10716 Garrison Road and south of 10922 Garrison Road. The lots are two of several owned by family members. Single family residences occupied by family members are located on several of the lots. The property is located approximately 2 miles west of the city limits, within the City's 3 mile extraterritorial zoning jurisdiction. The home proposed to be placed on the lot located behind 10716 Garrison Road is to be a new, 32' X 80' home. The home will have vinyl siding and a shingle roof with a pitch ranging from 4/12 to 8/12 depending on the specific model chosen. A porch will be located on the front of the home and a deck will be added to the rear. The home will be placed on a pier and beam foundation with tied steel footings and a color matched split faced block foundation. A driveway off of Garrison Road will provide access. The driveway will cross lots 41 and 41-A, also owned by the family. An access easement for the driveway will be recorded prior to placement of the home. A copy of an approved perk test for the septic system will also be provided prior to the home's placement on the lot. The home proposed to be placed on the lot located in front of 10922 Garrison Road is to be a new, 32' X 64' home. The home will have vinyl siding and a shingle roof with a pitch ranging from 4/12 to 8/12 depending on the specific model chosen. A porch will be located on the front of the home and a deck will be added to the rear. The home will be placed on a pier and beam foundation with tied steel footings and a color matched split faced block foundation. An existing driveway off of Garrison Road will provide access. A copy of an approved perk test for the septic system will be provided prior to the home's placement on the lot. The applicant responded to issues raised at Subdivision Committee, some of which were noted above. The 1965 bill of assurance for York Acres includes the following statement: 3 May 28, 2009 ITEM NO.: 6 (Cont.) FILE NO.. Z-8451 "no structure of a temporary character, trailer, tent, shack, garage or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent." It is the applicant's contention, and staff's belief, that the language noted above does not prohibit manufactured homes. The West Pulaski Volunteer Fire Department has approved the application as submitted. To staffs knowledge, there are no outstanding issues. The homes are proposed to be placed in an area containing a variety of housing styles, including some that are similar to the proposed homes. Placement of the homes will comply with ordinance standards. Staff is supportive of the requested C.U.P. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. to allow placement of the two proposed multisectional manufactured homes, subject to compliance with the following conditions: 1. Prior to placement of the homes, the following must be provided: a. Copy of recorded access easement from Garrison Road across Lots 41 and 41-A to Lot 42-A. b. Copy of approved perk test for septic system on each lot. 2. Placement of the homes must comply with the following siting criteria from Section 36-254(d)(5) of the Code of Ordinances: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. CI May 28, 2009 ITEM NO.: 6 (Cont.) FILE NO.: Z-8451 PLANNING COMMISSION ACTION: (MAY 28, 2009) The applicant was present. There were several objectors present. Several letters of opposition had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of approval, subject to compliance with the comments and conditions outlined in the "staff recommendation" above. The applicant, Kenny Breeding, addressed the Commission. He stated staff had correctly stated the issue and he would reserve his time to respond to concerns raised by the opposition. Leo Hauser, of 22 Ridgefield Cove, spoke in opposition. He stated he was speaking on behalf of the Ridgefield Estates POA and Board. Mr. Hauser stated one of the proposed manufactured homes would be located directly across the street from the gated entry to his neighborhood and would affect the view of persons coming and going from the neighborhood. He also stated he was concerned that the manufactured homes would decrease property values in the area. Jae Wilson, of 5450 Ridgefield Estates Lane, stated she did not want to speak but she agreed with the POA's position. Don Burkett, of 19 Ridgefield Cove, stated many improvements had been made in the neighborhood and he felt allowing the manufactured homes would not continue that trend. He also questioned the notices for the hearing. Kadelia Hamilton, of 10519 Garrison Road, stated she was opposed because of aesthetic concerns and because of concerns about property values. Mr. Breeding responded that he was not surprised by the opposition from Ridgefield Estates, a gated community of large, expensive homes. He stated the proposed manufactured homes were of good quality and were better built than some other homes in the area. He noted the proposed homes would be located in close proximity to his own home and he had no desire to do anything that would affect his own property values. Mr. Breeding stated his two sons would occupy the homes. He stated his sons were both members of the area volunteer fire department and would be an asset to the neighborhood. Ruth Bell, of the League of Women Voters of Pulaski County, spoke in support of the application. She stated there was a difference in mobile homes and manufactured homes. Ms. Bell stated manufactured homes were well built and, when properly sited, were indistinguishable from site built homes. Ms. Bell stated placement of manufactured homes does not necessarily lead to a reduction of property values. 5 May 28, 2009 ITEM NO.: 6 (Cont.) FILE NO.: Z-8451 Vice -chair Jeff Yates asked Mr. Hauser if Mr. Breeding's property was well kept. Mr. Hauser responded that it was. Vice -chair Yates asked Mr. Hauser if he had any reason to expect that placement of the manufactured homes would affect the way Mr. Breeding kept up his property. Mr. Hauser responded that he could not speculate on the future of Mr. Breeding's property. Commissioner Adcock asked who would occupy the new homes. Staff responded that the applicant had stated his sons would. Mr. Breeding confirmed this from across the room. In response to a question from the Commission, staff explained the notice procedure and stated Mr. Breeding had followed the procedure. Vice -chair Jeff Yates addressed a question that had been raised about bills of assurance. He stated they were agreements between property owners and the Commission was not bound by their provisions. He stated the Commission would take them into consideration. Staff had earlier stated there did not appear to be a provision in the bill of assurance that specifically prohibited manufactured homes. A motion was made to approve the application, subject to compliance with all staff comments and conditions. The motion was approved by a vote of 8 ayes, 2 noes and 1 absent. 0 SUBDIVISION COMMITTEE COMMENTS APRIL 23, 2009 ITEM NO.: 6. BREEDING MULTISECTIONAL MANUFACTURED HOMES CONDITIONAL USE PERMIT (Z-8451) Planning Staff Comments: 1. Provide information on proposed homes; including exterior finish, roof pitch and materials, porches. 2. Locate any proposed accessory structures such as garages or storage buildings or request approval to have such structures as are typical in the R-2 zoning district. 3. Prior to placement of the homes, the following must be provided: a. Copy of recorded access easement from Garrison Road across Lots 41 and 41-A to Lot 42-A. b. Copy of approved perk test for septic system on each lot 4. Applicant states there is no Bill of Assurance for York Acres. Staff has received several telephone calls stating there are private restrictions which prohibit mobile/manufactured homes in York Acres. Variance/Waivers: • None requested. Public Works: 1. No Comments. Utilities and Fire Department/County Planning Wastewater: Outside service boundary, no comment. Entergy: No comments received. Centerpoint Energy: No comment received. AT&T (SBC): No comment received. Water: Central Arkansas Water does not serve this area. Fire Department: Provide statement from Local Volunteer Fire Department indicating ability to provide service and any additional comments or requirements. County Planning: No Comments. CATA: Outside of service area. Ptanning_Division: No Comments. Landscape: No Comments. Other: Provide responses to staff issues and four (4) copies of revised plan if necessary no later than Wednesday April 29, 2009. Required notices must be sent via certified mail no later than April 29, 2009 and proof of notice returned to staff no later than May 8, 2009. FILE NO.: Z-8451 NAME: Breeding Multisectional Manufactured Homes — Conditional Use Permit LOCATION: North of 10716 Garrison Road and South of 10922 Garrison Road OWNER/APPLICANT: Ken Breeding, Todd Breeding, Matt Breeding PROPOSAL: A conditional use permit is requested to allow placement of a multisectional manufactured home on each of these two, R-2 zoned lots. 1. SITE LOCATION: The site is located on the north side of Garrison Road, at Ridgefield Lane. The property is located outside of the city limits, within the City's extraterritorial jurisdiction. 2. COMPATIBILITY WITH NEIGHBORHOOD: The property is located in a rural area that is characterized primarily by single family homes on larger lots or acreage tracts. The style of homes varies, ranging from small frame structures to large brick and frame structures. There are homes immediately in this vicinity that are of a similar style; one story, moderately pitched roofs and siding. There is one home to the northeast that appears to be virtually identical to the homes proposed by the applicant. The lots proposed for placement of the homes are each approximately Y2 acre in size. The City of Little Rock owns approximately 600 acres located slightly to the south of this site, which are proposed for development as a City Park. The proposed homes do not appear to be out of character with development in the area. Notice of the public hearing was sent to owners of all properties located within 200 feet of the site, all residents within 300 feet who could be identified and the Coalition of West Little Rock neighborhoods. 3. ON SITE DRIVES AND PARKING: The home to be located south of 10922 Garrison Road will utilize an existing driveway. The home to be located behind 10716 Garrison Road will have a new driveway off of Garrison Road. The driveway will be built across a relative's lot. An access easement for the driveway will be recorded prior to placement of the new home. FILE NO.: Z-8451 4. SCREENING AND BUFFERS: No Comments. 5. PUBLIC WORKS COMMENTS: No Comments. 6, UTILITY, FIRE DEPT. AND CATA COMMENTS: Wastewater: Outside service boundary, no comment. Entergy: No comments received. CenterPoint Energy: No comment received. AT&T (SBC): No comment received. Water: Central Arkansas Water does not serve this area. Fire Department: West Pulaski Fire Protection District No. 23 responded approved as submitted. County Planning: Approved as submitted. CATA: Outside of service area. SUBDIVISION COMMITTEE COMMENT: (APRIL 23, 2009) Ken Breeding was present, representing the application. Staff briefly described the proposed conditional use permit. Staff noted that some additional information was needed with respect to the proposed manufactured homes (exterior finish, roof pitch, porches, etc.). Staff also noted that a letter would be required from the local volunteer fire department. Mr. Breeding indicated that the information would be provided to staff. Staff explained that no bill of assurance was found for the subdivision. Commissioner Yates asked if Mr. Breeding's surveyor had checked for a recorded bill of assurance or other documents. Mr. Breeding stated that he had and found none. Commissioner Yates suggested that Mr. Breeding go to an abstract company and obtain a statement to that effect. Commissioner Fertsl asked if there were other manufactured homes in the area. Mr. Breeding indicated that there were many. 2 FILE NO.: Z-8451 (Cont. There was a brief discussion relating to the difference between mobile, manufactured and modular homes. After the discussion, the Commissioner forwarded the issue to the full Commission for final action. STAFF ANALYSIS: The applicants are requesting approval of a conditional use permit to allow placement of a multisectional manufactured home on each of the two, R-2 zoned lots located north of 10716 Garrison Road and south of 10922 Garrison Road. The lots are two of several owned by family members. Single family residences occupied by family members are located on several of the lots. The property is located approximately 2 miles west of the city limits, within the City's 3 mile extraterritorial zoning jurisdiction. The home proposed to be placed on the lot located behind 10716 Garrison Road is to be a new, 32' X 80' home. The home will have vinyl siding and a shingle roof with a pitch ranging from 4/12 to 8/12 depending on the specific model chosen. A porch will be located on the front of the home and a deck will be added to the rear. The home will be placed on a pier and beam foundation with tied steel footings and a color matched split faced block foundation. A driveway off of Garrison Road will provide access. The driveway will cross lots 41 and 41-A, also owned by the family. An access easement for the driveway will be recorded prior to placement of the home. A copy of an approved perk test for the septic system will also be provided prior to the home's placement on the lot. The home proposed to be placed on the lot located in front of 10922 Garrison Road is to be a new, 32' X 64' home. The home will have vinyl siding and a shingle roof with a pitch ranging from 4/12 to 8/12 depending on the specific model chosen. A porch will be located on the front of the home and a deck will be added to the rear. The home will be placed on a pier and beam foundation with tied steel footings and a color matched split faced block foundation. An existing driveway off of Garrison Road will provide access. A copy of an approved perk test for the septic system will be provided prior to the home's placement on the lot. The applicant responded to issues raised at Subdivision Committee, some of which were noted above. The 1965 bill of assurance for York Acres includes the following statement: "no structure of a temporary character, trailer, tent, shack, garage or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent." 3 FILE NO.: Z-8 51 (Cont. It is the applicant's contention, and staff's belief, that the language noted above does not prohibit manufactured homes. The West Pulaski Volunteer Fire Department has approved the application as submitted. To staff's knowledge, there are no outstanding issues. The homes are proposed to be placed in an area containing a variety of housing styles, including some that are similar to the proposed homes. Placement of the homes will comply with ordinance standards. Staff is supportive of the requested C.U.P. STAFF RECOMMENDATION: Staff recommends approval of the requested C.U.P. to allow placement of the two proposed multisectional manufactured homes, subject to compliance with the following conditions: 1. Prior to placement of the homes, the following must be provided: a. Copy of recorded access easement from Garrison Road across Lots 41 and 41-A to Lot 42-A. b. Copy of approved perk test for septic system on each lot. 2. Placement of the homes must comply with the following siting criteria from Section 36-254(d)(5) of the Code of Ordinances: a. A pitched roof of three (3) in twelve (12) or fourteen (14) degrees or greater. b. Removal of all transport elements. c. Permanent foundation. d. Exterior wall finished so as to be compatible with the neighborhood. e. Orientation compatible with placement of adjacent structures. f. Underpinning with permanent materials. g. All homes shall be multisectional. h. Off-street parking per single-family dwelling standard. PLANNING COMMISSION ACTION: (MAY 28, 2009) The applicant was present. There were several objectors present. Several letters of opposition had been received by staff and forwarded to the Commission. Staff presented the item and a recommendation of approval, subject to compliance with the comments and conditions outlined in the "staff recommendation" above. CI FILE NO.: Z-8451 Cont. The applicant, Kenny Breeding, addressed the Commission. He stated staff had correctly stated the issue and he would reserve his time to respond to concerns raised by the opposition. Leo Hauser, of 22 Ridgefield Cove, spoke in opposition. He stated he was speaking on behalf of the Ridgefield Estates POA and Board. Mr. Hauser stated one of the proposed manufactured homes would be located directly across the street from the gated entry to his neighborhood and would affect the view of persons coming and going from the neighborhood. He also stated he was concerned that the manufactured homes would decrease property values in the area. Jae Wilson, of 5450 Ridgefield Estates Lane, stated she did not want to speak but she agreed with the POA's position. Don Burkett, of 19 Ridgefield Cove, stated many improvements had been made in the neighborhood and he felt allowing the manufactured homes would not continue that trend. He also questioned the notices for the hearing. Kadelia Hamilton, of 10519 Garrison Road, stated she was opposed because of aesthetic concerns and because of concerns about property values. Mr. Breeding responded that he was not surprised by the opposition from Ridgefield Estates, a gated community of large, expensive homes. He stated the proposed manufactured homes were of good quality and were better built than some other homes in the area. He noted the proposed homes would be located in close proximity to his own home and he had no desire to do anything that would affect his own property values. Mr. Breeding stated his two sons would occupy the homes. He stated his sons were both members of the area volunteer fire department and would be an asset to the neighborhood. Ruth Bell, of the League of Women Voters of Pulaski County, spoke in support of the application. She stated there was a difference in mobile homes and manufactured homes. Ms. Bell stated manufactured homes were well built and, when properly sited, were indistinguishable from site built homes. Ms. Bell stated placement of manufactured homes does not necessarily lead to a reduction of property values. Vice -chair Jeff Yates asked Mr. Hauser if Mr. Breeding's property was well kept. Mr. Hauser responded that it was. Vice -chair Yates asked Mr. Hauser if he had any reason to expect that placement of the manufactured homes would affect the way Mr. Breeding kept up his property. Mr. Hauser responded that he could not speculate on the future of Mr. Breeding's property. 5 FILE NO.: Z-8451 (Cont. Commissioner Adcock asked who would occupy the new homes. Staff responded that the applicant had stated his sons would. Mr. Breeding confirmed this from across the room. In response to a question from the Commission, staff explained the notice procedure and stated Mr. Breeding had followed the procedure. Vice -chair Jeff Yates addressed a question that had been raised about bills of assurance. He stated they were agreements between property owners and the Commission was not bound by their provisions. He stated the Commission would take them into consideration. Staff had earlier stated there did not appear to be a provision in the bill of assurance that specifically prohibited manufactured homes. A motion was made to approve the application, subject to compliance with all staff comments and conditions. The motion was approved by a vote of 8 ayes, 2 noes and 1 absent. 0